- 8 - (3) determines the tax by (a) computing the tax under section 1 for all income that is not elected farm income plus (b) the increase in the section 1 tax for each of the 3 prior years caused by including one-third of the elected farm income in each year.8 Respondent frames the first issue as "whether a taxpayer electing farm income averaging can reap a double benefit by carrying back net operating losses in base years, receiving a tax benefit therefrom, and then utilize the same negative taxable income in computing * * * tax liability under farm income averaging" in subsequent years. Petitioners, while admitting receiving income tax refunds attributable to the carryback of NOLs from 2 of the base years in the section 1301 income- averaging computation for the years at issue, contend that the 8 Sec. 1301 was enacted as part of the Taxpayer Relief Act of 1997, Pub. L. 105-34, Title 1X, sec. 933(a), 111 Stat. 881, adding sec. 1301. That act was effective for 3 years, 1998, 1999, and 2000. The Omnibus Consolidation and Emergency Supplemental Appropriations Act of 1999, Pub. L. 103-277, sec. 2011, 112 Stat. 2681-902, made permanent the income-averaging provisions of sec. 1301. Both statutes limit applicability to any individual engaged in a farming business and apply only to electible farm income for the election year and the averagible farm income for 3 years. An earlier version of sec. 1301 was repealed by the Tax Reform Act of 1986, Pub. L. 99-514, sec. 151(a), 100 Stat. 2121, for taxable years beginning after Dec. 31, 1986. The earlier version of sec. 1301 was not limited to farm income and generally applied if the income of the current year exceeded 140 percent of the taxpayer's average income for the preceding 3 years by more than $3,000. These are the only apparent differences between the current sec. 1301 and the earlier repealed version.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011